印度尼西亚商业竞争法的二十年:实施、执行和对经济的贡献

A. Ahmad, Afri Aripin
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引用次数: 1

摘要

。《商业竞争法》已经通过了20年,印度尼西亚的经济民主诞生了商业竞争监督委员会。在这一时期,《商业竞争法》和KPPU的存在可以作为执行者和执行者进行评估。本文采用规范性分析方法来考察《商业竞争法》的实施和执行情况及其对印尼经济的贡献。分析《商业竞争法》的实施情况,其执行是基于印度尼西亚发生的案例和KPPU的决定。KPPU的决定是从《商业竞争法》的实施和执行的角度来看的。然后,本文还试图将商业竞争法的制定与其对经济的贡献联系起来。分析结果是:1)《商业竞争法》实质上包括复杂的法律规定,分为协议和禁止活动。2) KPPU试图在商业竞争的执法中发挥作用和权威,但它还不是最理想的。有关企业竞争的法律规定未能鼓励中小企业向大中型企业垂直流动。事实和数据仍然表明,印度尼西亚的大多数公司都是小公司。这表明,市场支配地位仍然集中在几家大公司手中。确保市场运行良好、公平竞争和机会开放是KPPU的职责。3)通过开放的企业环境和公平的企业竞争,鼓励中小企业成长为中小企业、大企业。建议:1)KPPU有更多的技术法规,涉及各种协议和/或竞争法所禁止的活动的案件处理程序。2)KPPU必须更加积极主动地回应与许多人的利益相关的问题。3) KPPU必须更加重视数字经济产业的发展,这有可能成为国家收入的贡献者之一。KPPU必须确保数字经济的发展在公平的商业竞争中运行,以培养出许多新公司。
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Two Decades of Indonesian Business Competition Law: Implementation, Enforcement and Contribution to the Economy
. Two decades have been passed the Business Competition Law and the KPPU (The Commission of Supervisory of Business Competition) was born in economic democracy of Indonesia. During that time, the existence of the Business Competition Law and KPPU can be assessed as the executor and enforcer. This paper uses a normative analytical approach to examine the implementation and enforcement of the Business Competition Law and its contribution to the Indonesian economy. Analysis of the implementation, enforcement of the Business Competition Law is based on the cases that occur in Indonesia and based on the KPPU decision. The KPPU decision is seen from the aspect of implementation and enforcement of the Business Competition Law. Then, this paper also tries to connection the enactment of the Business Competition Law with its contribution to the economy. The analysis result is: 1) Business Competition Law, substantially, including a complex legal provisions, which are divided into agreements and prohibited activities. 2) KPPU tries to take a role and authority in law enforcement of business competition, but it is not yet optimal. The legal provisions for business competition have not been able to encourage vertical mobility from small companies to become medium and big companies. Facts and data still note that most companies in Indonesia are small companies. This shows that there is still a concentration of market dominance in several big companies. It is a duty of KPPU to ensure the market runs well, fair competition, and in opportunity are open. 3) KPPU has a challenge to encourage the improvement of the small companies status to medium companies, from medium companies to become a big companies by ensuring an open business climate and fair business competition. Recommendation: 1) KPPU has more realease a technical regulations related to procedures for handling cases that follow various kinds of agreements and or activities that are prohibited by the Competition Law. 2) KPPU must be more proactive and responsive related to the issues of the interests from many people. 3) KPPU must pay more attention to the development of the digital economy industry which has a potential to become one of the contributors to state income. KPPU must ensure that the development of the digital economy runs in fair business competition to bring up many new companies.
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